In a small claims court action, I am the Defendant. I filed a Fraud on the Court Motion, and the Hearing is this next week....

Lawsuits And Disputes 3 views 2 answers
The Plaintiff, who has huge business interests, pretended to the Legal Aid Society that he is poor and indigent. The Court has ordered that that if the Defendant prevails, the attorney and his firm have to withdraw from the case. The attorney did not object to this order. I had my adult son serve two subpoenas on the Legal Aid Society to supply and testify who they accept for legal aid. They objected and wish to file a protective order for their secrets. They state my son, being part of the family, but not involved in the case, is barred from serving. I will have someone else serve the subpoenas, but will object to this protective order. If the Society withdraws from the case that was referred to the firm on a pro bono basis, the case will be dismissed. Who is eligible to serve subpoenas?

Attorney Answers

2
Kelvin Green ·
I have to ask...What difference does knowing who legal aid provides services too relevant to a small claims case? How does that prove any specific fraud by the individual that interferes with the issues or judicial process? Legal Aid is not seeking to hide secrets but are trying to protect attorney client privilege. You have a pretty high standard to overcome. Why not just hire a process server or use your sheriffs office to serve documents?
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Rixon Rafter ·
You are falling into the trap soooo many pro se litigants stumble into- getting bogged down by what appear to a layman to be issues of fraud, deceit, or corruption in the part of the court, opposing counsel, or the system writ large. You are spinning your wheels and attenuating precious resources in areas that almost certainly serve you no good purpose relative to your intended outcome. With due respect, the fact you are looking to find out something now, that you needed to know before now , is some evidence you are behind the power curve already, and you are just starting out. Service of process requirements for your state are available online at your state court's websites, and/or state legislatures websites. Check this out for starters:http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0048/0048.htmlhttp://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0048/0048.html I do not know if there are any special requirements for your state's small claims courts. Strongly recommend you consult with a FL attorney to determine if your path of intended movement can be corrected to put you on a trajectory for prevailing. Good luck to you.
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